Churches defend clergy loophole in child sex abuse reporting
https://apnews.com/article/sex-abuse-catholic-church-mormon-5d78129a2fe666159a22ce71323f6da3
It was a frigid Sunday evening at the Catholic Newman Center in Salt Lake City when the priest warned parishioners who had gathered after Mass that their right to private confessions was in jeopardy.
A new law would break that sacred bond, the priest said, and directed the parishioners to sign a one-page form letter on their way out. “I/We Oppose HB90,” began the letter, stacked next to pre-addressed envelopes. “HB90 is an improper interference of the government into the practice of religion in Utah.”
In the following days of February 2020, Utah’s Catholic diocese, which oversees dozens of churches, says it collected some 9,000 signed letters from parishioners and sent them to state Rep. Angela Romero, a Democrat who had been working on the bill as part of her campaign against child sexual abuse. HB90 targeted Utah’s “clergy-penitent privilege,” a law similar to those in many states that exempts clergy of all denominations from the requirement to report child abuse if they learn about the crime in a confessional setting.
Utah’s Catholic leaders had mobilized against HB90 arguing that it threatened the sacred privacy of confessions. More importantly, it met with disapproval from some members in the powerful Church of Jesus Christ of Latter-day Saints, known as the Mormon church, whose followers comprise the vast majority of the state Legislature. HB90 was dead on arrival.
In 33 states, clergy are exempt from any laws requiring professionals such as teachers, physicians and psychotherapists to report information about alleged child sexual abuse to police or child welfare officials if the church deems the information privileged.
This loophole has resulted in an unknown number of predators being allowed to continue abusing children for years despite having confessed the behavior to religious officials. In many of these cases, the privilege has been invoked to shield religious groups from civil and criminal liability after the abuse became known to civil authorities.
Over the past two decades state lawmakers like Romero have proposed more than 130 bills seeking to create or amend child sex abuse reporting laws, an Associated Press review found. All either targeted the loophole and failed to close it, or amended the mandatory reporting statute without touching the clergy privilege amid intense opposition from religious groups. The AP found that the Roman Catholic Church has used its well-funded lobbying infrastructure and deep influence among lawmakers in some states to protect the privilege, and that influential members of the Mormon church and Jehovah’s Witnesses have also worked in statehouses and courts to preserve it in areas where their membership is high.
In Maryland a successful campaign to defeat a proposal that would have closed the clergy-penitent loophole was led by a Catholic cardinal who would later be defrocked for sexually abusing children and adult seminarians.
In other states, such as California, Missouri and New Mexico, vociferous public and backroom opposition to bills aimed at closing the loophole from the Catholic and Mormon churches successfully derailed legislative reform efforts.
“They believe they’re on a divine mission that justifies keeping the name and the reputation of their institution pristine,” said David Finkelhor, director of the Crimes Against Children Research Center at the University of New Hampshire, speaking of several religious groups. “So the leadership has a strong disincentive to involve the authorities, police or child protection people.”
>sexual predators in the churches